Is a contract formed?
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what is a counter offer in contract law Informational
- What is a Counter Offer in Contract Law?
- Which jurisdiction's law will apply to the formation and interpretation of the contract?
- Can an offeror revoke their original offer while a counter offer is under consideration? How does the concept of good faith and fair dealing apply to the making and responding to counter offers?
- What are the consequences of misinterpreting the nature of a communication during negotiations? What are the legal considerations when negotiating contracts involving parties in different jurisdictions with potentially different laws regarding counter offers?
- Does it matter whether the mistake was unilateral or mutual? What are the legal implications of a counter offer that is ambiguous or contains vague terms?
- What are the requirements for valid ratification? What are the differences in how counter offers are treated in contracts for the sale of goods versus contracts for services under the common law and the UCC?
- What factors do courts consider when determining the validity of these clauses? How does the concept of "specific performance" as a remedy apply to breaches of contracts formed through counter offers, particularly in cases involving unique goods or real estate?
- What happens if one party retains too much discretion or power under the agreed-upon terms? In the context of online auctions, how are bids and counter bids treated under contract law?
- What evidence is required to prove duress or undue influence in contract formation? What is the role of consideration in the context of counter offers?
- What factors do courts consider in determining what constitutes a reasonable time for acceptance? How does the parol evidence rule apply to situations where the written contract formed through a counter offer and acceptance allegedly does not reflect the complete agreement of the parties, and there were prior oral understandings?
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